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Judgment
P.Somarajan, J
The petitioners who are the plaintiffs in the suit came up seeking extension of time with respect to a bank guarantee. Earlier this Court in exercise of writ jurisdiction has granted two months time so as to enable the petitioners to exhaust the regular remedy available to them by way of civil suit. Accordingly, they initiated civil suit with an injunction application not to disburse the Bank guarantee. The two months time granted in exercise of writ jurisdiction would expire today and as such the petitioners came up for extension of time. It was objected by the Counsel for the respondent by relying on the three Bench decision rendered by the Apex Court in Ansal Enginerring Projects Ltd vs. Tehri Hydro Development Corporations Ltd and Another [(1996) 5 SCC 450] in which the legal position settled in paragraph 5. In fact, nothing was brought to the notice of this Court so as to bring up a prima facie case of fraud or special equity. But it is left open for consideration by the trial court without making any observation on its merits. In the said circumstances, the trial court shall expedite the disposal of Ext.P3 application with notice to both the parties on the next posting date i.e. 17.06.2023. With that direction, the present O.P(C) is hereby disposed of. It is fairly conceded by the learned Counsel for the respondent that they will not enforce the Bank guarantee till that time. Hence, the same is recorded.
This. O.P(C) will stand disposed of accordingly.